A university cannot cancel the admission of students who were admitted due to a clerical error, as the students are not at fault and the university is estopped from doing so.

( 1 ) THESE are three connected writ petitions filed separately by Rajesh Singh. Anil Kumar Gupta and Hausila Prasad Yadav who admittedly had appeared in the entrance examination test for admission to B. Ed, course for the session 1996-97 conducted by Purvanchal University, Jaunpur. The result of the entrance test was declared and published on 17. 11. 1996. The Registrar of the university issued letters to the petitioners in November/december. 1996 directing them to report before the Principal. Sant Kinaram Post Graduate College, Kaimoor Pecth. Robertsganj, sonebhadra for admission to the B. Ed, course after depositing the required fees. All the three petitioners accordingly reported and after depositing the requisite fee joined the classes on different dates in December, 1996, Subsequently, the admissions of the three petitioners and one sant Lal Yadav were cancelled by the Registrar of the University who communicated his decision by letter dated 24th January, 1997 to the Principal of the College. Accordingly, the petitioners were forced to discontinue their studies. The final examinations of B. Ed. were to commence from 26. 7. 1997.

( 2 ) BY means of these three writ petitions, the order dated 24. 1. 1997 passed by the Registrar of the University has been challenged and it is prayed that it may be quashed and the petitioners be allowed to appear in the final examinations which were to commence from 26. 7. 3997. Under the interim order of this Court, the petitioners were allowed to pursue their further studies and to appear in the final examinations. Their results have not yet been declared.

( 3 ) COUNTER and rejoinder affidavits have been exchanged.

( 4 ) HEARD Sri D. N. Misra and Sri A. K. Misra appearing on behalf of Rajesh Singh and Anil kumar Gupta and Sri Ganga Prasad on behalf of Housila Prasad Yadav as well as Sri H. N. Tripathi who appears on behalf of Purvanchal University, Jaunpur.

( 5 ) IT is an indubitable fact that all the three petitioners were qualified and eligible for appearing in the entrance test for admission to B. Ed. course 1996-97. They did appear and were declared successful. They were also issued letters by the Registrar to seek admission in the college aforesaid after completing the necessary formalities. The petitioners started pursuing their studies after depositing the requisite fees. It appears that some clerical error was detected by the university in the result. A policy decision was taken that the students who belong to the backward class shall be admitted only if they secured minimum 200 marks in the entrance test and any candidate whose marks fell short of 200 shall not be considered for admission. Rajesh singh, Housita Prasad Yadav and Anil Kumar Gupta, petitioners secured respectively 127, 149 and 161 marks in the entrance test and since the marks secured by them were less than 200, they could not be considered for admission to the B. Ed. course. According to respondent University, on account of the mistake of the computer, the names of the petitioners found a place in the result of successful candidates and consequently, letters were issued to them granting them admission and when the mistake was detected and realised, the admission of the petitioners were cancelled. Sri H. N. Tripathi urged that the University is always entitled to correct the clerical mistake and even though the petitioners were given admission and allowed to continue their studies after depositing the fees, they can be prevented from pursuing their further studies as their admission was the out come of clerical mistake. In support of his contentions Sri Tripathi placed reliance on the decision of this Court dated 13. 8. 1996 Shruti Barnawal and others v. Banaras Hindu University, Varanasi and others. (1996) 3 UPLBEC 1689. In that case, it was found that the daughter keys were not prepared in tune with the master-key. It was found that the clerical mistake in preparing the daughter keys had occurred beca